State v. Clark

Citations

• 34 Wash. 485
• 76 P. 98
• 1904 Wash. LEXIS 376

Syllabus

<p>Jurors — Examination as to General Qualifications — Waives by Failing to Challenge. In a criminal prosecution it is not error to require the attorney for the state to examine the jurors as to their general qualifications, since the statute providing therefor is simply declaratory of the rights of the parties, and either side may waive the qualifications, and cannot take advantage of any disqualification unless the juror is challenged for the specific cause, and exception taken.</p> <p>Criminal Law — Homicide—Instructions as to Degrees of Offense — Repetition. It is not error to repeat instructions defining murder in the first and second degree, as tending to intensify the crime as murder, where the repetition consisted in giving several instructions requested by the defendant which more fully pointed out the distinction between the different degrees.</p> <p>Same — Insanity as Defense — Burden of Proof Upon Defendant — Instructions as to Reasonable Doubt. In a prosecution for murder, where the. defense is insanity, the burden is upon the defendant to establish the defense by a preponderance of the evidence, and hence it is proper to refuse to instruct the jury that they may acquit if they entertain a reasonable doubt as to the sanity of the defendant.</p> <p>Same — -Instructions as a Whole Submitting Defense of Insanity. It is not error to instruct the jury to convict if they find beyond a reasonable doubt that defendant committed the crime as charged in the information, in that it eliminated the defense of insanity, where other instructions fully and fairly instructed the jury upon such defense, since all the instructions must be read together.</p> <p>Trial — Instructions—General Charge. It is not error to refuse requested instructions which are covered in the general charge.</p> <p>Homicide — Evidence—Sufficiency. The evidence is sufficient to warrant a conviction of murder in the first degree where the circumstances were such that there is no possible doubt tha